PUBLIC LAW BOARD NO. 7163

PARTIES TO THE DISPUTE:

Brotherhood of Maintenance of Way Employes Division IBT Rail Conference

-and- CSX Transportation, Inc.

Award No. 363

Case No. 363

STATEMENT OF CLAIM: Claim of the System Committee ofthe Brotherhood that:

1. The Can'ier's discipline (dismissal) of Mr. R. Hirtner, by letter dated August 28, 2017, in connection with allegations that he violated CSX Transportation Operating Rule 100.1, 103.1(2), 03.2 and 104.2(b) as well as the driving policy division memo was arbitrary, unsupported, unwarranted and in violation of the Agreement. (System File D70185117/2017-226985 CSX)

2. As a consequence ofthe violation referred to in Part 1 above, Claimant R. Hirtner's suspension shall be set aside and he shall:

   ' ...be made whole for all financial and benefit losses as a result ofthe violation. Any benefits lost including vacation and health insurance benefits (including coverage under the railroad industry National Plan), shall be restored. Restitution for financial losses as a result of the violation shall include compensation for:

   1. Straight time pay for each regular work day lost and holiday pay for each holiday lost, to be paid at the rate of the position assigned to the claimant at the time of suspension from service (this amount is not reduced by any outside earnings obtained by the claimant while wrongfully suspended);

   2. Any general lump sum payment or retroactive general wage increase provided in any applicable agreement that became effective while the claimant was out of service.

   3. Overtime pay for lost overtime opportunities based on overtime for any position claimant could have held during the time claimant was suspended from service, or on overtime paid to any junior employee for work the claimant could have bid on and performed had the claimant not been suspended from service;

      
      

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   4. Health, dental and vision care insurance premium, deductibles and co-pays than he not have had (sic) not been unjustly suspended.

All notation of the dismissal suspension should be removed from all carrier records.'

FINDINGS:

This Public Law Board No. 7163 finds that the parties are Carrier and Employee, within the meaning of the Railway Labor Act as amended, and that this Board has jurisdiction.

By letter dated August 28, 2017, the Claimant, Track Inspector R.W. Hittner was notified by the Carrier that he was assessed the discipline ofdismissal in all capacities from CSX Transportation, as follows:

Dear R. W. Hirtner:

This is in reference to the formal investigation that was held on Tuesday, August 8, 2017, in the upstairs Conference Room at 3019 WaiTington Street, Jacksonville, Florida. The notice offormal investigation, transcript and exhibits reviewed and discussed during the course ofthe investigation are included in this packet.

Based on the evidence presented during the course ofhearing, substantial evidence was revealed demonstrating that you violated CSX Transportation Operating Rules 100.l, 103.1(2), and 104.2(b); as well as the driving policy division memo.

Upon my analysis of all factors related herein, the discipline to be assessed is your immediate dismissal in all capacitates from CSXT Transportation.

Please arrange to return any company materials in your possession to any Supervisor at the nearest CSX location.

s/K.L. Spivey

Division Engineer - Jacksonville

The Organization appealed this discipline and the matter was progressed to the Board for adjudication.

No basis exists to set aside the discipline in this case on procedural grounds.

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Award No. 363

PLB No. 7163

David Twomey

- Katrina Donovan - Andrew Mulford

March 19, 2019